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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (Nov. 30, 1904)
ASTORIA, OREGON, WEDNESDAY, NOVEMBER 30, 1904. NUMBER 48. TESTIMONY NOT AT ALL STARTLING Commissioner Richards of the General Land Office Appears in the Land Fraud Case Now On. Says Hermann Helped Puter and Mrs. Watson Secure Patents to Property. UNE OF DEFtNSE NOT KNOWN Attorneys Have Olven No Intimation of Probable Ceuraa They Will Pur. sue Government' Cat About Conoluded, Portland, Nov. 29. The testimony of Commissioner Richards of tho general land office, which, it win currently re ported, would be senoatlonal, proved tho very reverse today In tho trial of tho Innd fraud ca. Governor Rlcn ards Ustlftad to detailing Loomla and Ormsby aa two special agents to In vestigate tho habitations and improve- merito In tho "lt-7" district, Thla waa testimony not brought out In Con gressman Hermann'o evidence. Richards further testified that dur ing March, 1903. Hermann called him In lo his office. Senator Mitchell waa pre nt. Hermann bunded Richard pile of document, with IS homestead entrlea, and directed him to examine them and aee whether or not there waa any reason why tho patents ahould not be Issued. At a later date, Mllch- ell, In company with Tutor and a wo man whom the commissioner Identified aa Mr a. Watson, visited the office with reference to tho Issuunce of tho patent Mitchell aald Puter who a reliable man and that Richard could depend uon what Puter told him. Puter said the woman with him bought tho clalma at Puter'a advice, and for that reaaon Puter wua Intoreated In seeing the mutter expedited. It haa been claimed by tho govern- ment that tho documenta referring to tho 13 homeatead entrlea Included al leged forged affldavlta and applications, and tho trip to Washington and the anxiety to have tho patenta laaued fur ther aupporta tho contention of con- oplracy. Wolla A. Dell, land commlaalonor at Prlnevlllo, teatlfled that ho auw Mri Wataon algn the name Emma J. Porter In tho preaenco.of a A. D, Puter. Perhnpa tho moat Important teatl mony of tho day waa that of W. A. Vllolt, assistant cashier of tho Wella Fargo bank In thla city. Holt Identl fled tho writing of Puter In the home atead entrlea, and on the papera found In the Chicago hotel where Mra. Wat aon waa arreated. Ho alao Identified tho algnaturo of Emma Porter aa be Ing tho handwriting of Km ma L. Wat on. If the pinna of the government ma terlallxe. It will rest Ita cone tomor row. Now that tho governments aide la almost concluded, much conjecture hua nrlaen aa to what tho nature of the defcnae will bo. Thua far the at torneya for tho defense hove not In dicated In any manner what their courae will be. HISTORY OF THE CA8E, Story Culminating in Proaeoution of Alleged Swindler. Portlnnd Journal: Pereone unfa miliar with the methodo of the con spirators who have ayatematlcally robbed tho government of Ita landa In Oregon, frequently ask why Puter, Mc Klnley and their co-defendnnta. now on trial In the federal court, ahould have desired to acquire title to tho unin habitable, mountnlnoua waatee covered by their pretended hoineateada In town ahlp 11-7. The explanation la afforded by the evidence now being developed by the government. Township 11-7 la within tho llmlta of the Caacado forest re- erve. which waa created by proclama tion of tho prealdent, September 28, , All vacant non-mineral govern ment landa within tho llmlta of tho re serve' were thereupon withdrawn from settlement. Out under tho so-called Vrlpper law" any person who, prior to tho creation of tho reserve, had set tied upon lands afterward included within tbo reserve, may, If ho so do aires, relinquish his land to the govern mont and may select other land in lieu thereof, Haulers are allowed a reason aide time limit within which to com pleto their titles, just as If no reserve had been created. When a settler relln qulsheo his bind In this manner, scrip la Issued to him by tho government, good for an equal amount of vacant government land anywhere also. Tho evidence- already given In the land fraud canes shows that some seven years after tho creation of tho Cascade forest reserve 1 homestead appllca tUms were filed In tho Oregon City land office, for claims lying in town ship 11-7. Tho landa covered by these clalma were intrinsically worthless, and they woro only deslrahlo aa "baoo' L o., aa a means for acquiring scrip Aa scrip waa then soiling at about 15 an acre, tho It clalma woro worth as base between 110,000 and 116,000. It la tbo contention of tho govern ment that all of these 1 homestead claims wero fictitious and fraudulent, that no actual settlement waa over made upon any of 'them, and tho sole object of tho pretended settlers was to use tho claims as base, Proof haa been made that patents wero Issued upon the clalma, that the landa were then relln qulshed to tho government and that other lands were selected In lieu of them, Although the landa embraced In the fraudulent homestead claima wero of no Intrinsic value, they wero worth as base S an acre. Tho operations of Puter and hla con federates wero of course not confined to township 11-7, and tho claims which they acquired there were but a small fraction of the land they are supposed to hnve Illegally obtained by similar methods elsewhere in the forest r serves of tho state. This was but one of many townshlpa In which they oper ated, GOVERNOR PARDEE ACTIVE. Doing Ail Ho Can to Secure Good Pair Appropriation. San Francisco, Nov. 29. Governor Pardee, In hla capacity of commissioner of the Lewis and Clark exposition, haa addressed a letter to all of the mem bera of tho coming legislature regard ng a further appropriation for tho erection of a California state building there. Tho last legislature approprlat ed 120,000 to make an exhibition at the fair, thla being merely preliminary. It la now thought beat to make a con gregate exhibit for thla atate, and In order to do thla a further appropria tion of 165,000 or $70,000 Is needed In order to erect a suitable building. Gov ernor Pardee, realising that work on tho proposed building muat begin Im mediately, desires to learn the feeling of tho legislators on the subject of making a further appropriation before making arrangements. All the mem bers who have been heard from at present are . favorable to tho addud appropriation. FIGHT FOR MILLIONS. Appeal of Edna Wallaoo Hopper Now en at Vanoouvor. Vancouver. B. C, Nov. 29. The ault of Edna Wallace Hopper came up on appeal today In full court In Vancouv er. Thla la the second important round n a battle for the $2,000,000 estate left by the late Alex Dunsmulr. Lost June evidence was heard In tho longest sin gle case ever heard In a court In this province. Mr. Justice Drake gave judgment for the defendant From this decision the plantlff Is now appealing. The plaintiff on trial alleged that Alex ander Dunsmulr waa an habitual drunkard and that the will was bad, on the ground of the Incapacity of the testator. JAPS SEND CHALLENGE. Want to Try Stanford University Team at Baseball. Stanford ' University, Nov. 29. A letter haa been received from Wesenda university, Japan, expressing a desire to arrange an International baseball match between Stanford and the Jap anese university. Tho Wasenda university won the In tercollegiate championship -of Japan and Is represented by a strong team. The Japanese prefer that tho game take place at Ban Francisco. There Is a strong probability that the match will be arranged. JAPS NOW MAKING MIGHTY EFFORT TO REDUCE FORTS HELD BY RUSSIAN TROOPS Assault on Port Arthur Is Being Pressed With Vigor and Severe Fighting Has Occurred There Offensive Forces Claim to Have Made Substantial Progress by Gain ing Position That Commands Harbor, and Declare That Slavs Must Be Forced to Surrender Within Next Twenty-one Days. London, Nov. 29. According to Toklo dispatch to the Standard, there Is an unofficial rumor that the Jap anese have hauled largo caliber guns to the top of 201-Meter hill, whence the fire sweeps the whole harbor. This re port doubtless goes beyond the facta; but various dispatches Indicate the progress the Japanese are making in tho reduction of Port Arthur. Japan ese hero explain tho great Importance of tbo capture of 203-Meter hill, which besides giving command of the harbor, will servo to widen tho breach made by the wedge the Japanese had previously driven between tho Ets group and the Russians' last retreat In the ravines of Laotl mountain. They declare that the retreat to Laotl will be effectually cut off and that It Is not unlikely Laotl will be simultaneously attacked in the final assault. Dennett Burleigh wires (he Daily Telegraph .from Chefoo that In the last assault tho Japanese lost 400 men In one hour's fighting. They claim to have captured two more northeastern forts and a third, which is part of West Kekwan fort Theyj claim. Burleigh adds, to have effected lodgment at Pigeon bay, thua turning the fort on 203-Meter hill, and are now tunneling from the gorge below Laotl hill, which they hope to first damage and then rush. The dispatch continues: 'Desperate fighting Is proceeding daily and the losses are admitted to be excessive, but the Japanese Insist that Port Arthur must fall within 21 days.'' The Morning Post's correspondent at Shanghai telegraphs that wireless' com munlcatlon haa been re-established be tween the Russian consulate at Chefoo and tho Port Arthur garrison. HOPE FOR THE BEST. Ruteisns Bsliove Japs' Sueoess Has Boon Exaggerated. 8t. , Petersburg, Nov. 29 Foreign reports of the fighting at Port Arthur are accepted very seriously. If the Japanese have taken 203-Meter hill, aa reported, commanding the whole har bor, It Is believed the altuatton la criti cal. Experts on Port Arthur topography assert, however, that it Is more likely the Japanese have occupied positions at tho base of tho hill, and believe that owing to tho concentrated fire from the covered forts, the Japanese will find the top of the hill untenable If they arrive there. JAP ATTACK ABANDONED. This Report Says Invaders Have Boon Compelled to Quit. Berlin.- Nov. 29. A dispatch from Toklo to the Tagllsche Runsdchau re ports that Japanese storming of Port Arthur was abandoned November 28, because, although large breaches were made In the Sungshu, Rlhlung and Kekwart forts, tho Japanese were un able to enter on account of the heavy fire from the other forts and the re slstanco of the garrison. WARM CONTEST WAGED. Reports From Port Arthur Are Rather Indefinite as Yet Chefoo, Nov, 29. Chinese and Jap anese advices received here today. while not beyond question, indicate the practical certainty that another genera) assault on Port Arthur began November 24, and was continuing No vember 27. It ia certain that there has been severe fighting. The only ques tion Is whether the assault was suffi ciently widespread to be called general. The fighting is with tho object of cap turing additional Russian trenches. The summit forts seemingly were not attacked. The Chinese Say that one train of 30 cars recently arrived at Port Dalny with Injured men. As frequently Indicated, the Japanese position Is most promising at Rihlung mountain and Keekwan mountain, and the latest attack waa designed to fur ther Increase the power of these posi tions. A detachment of the eleventh division began the advance during the afternoon of November 24. following several days bombardment, rushing against the trenches guarding the ap proach to the southeast fort of the Keekwan mountain group, the Jap anese artillery. In the meanwhile, throwing all the metal possible against the Rlhlung mountain and Antzu mountain forts. The possession of trenches was stubbornly contested. After five hours' fighting and several repulses, the Japanese drove out the Russians and destroyed tbelr trenches and succeeded In entrenching them selves behind sandbags, which their Infantry carried. At 11 In the even ing the Russians made a sortie, which the Japanese say they repulsed after two hours' fighting. The Japanese at Port Dalny believe the attack become general, as men re turning ftxnj the front,. wbUe not-hiuew Ing seen the fighting, reported that heavy small-nrm and machine-gun fire waa almost constant at various parts of the line until November 27. when the last sdvlceo reached Port Dalny. Anoiner line or trenches more formidable than the ones destroyed lies between the Japanese and the forts. 1 Cossaoka Defeat Japs. With the Russian Forces, Shenkow, Nov. 29. Tho fight of the Japanese with the Rennenkampff Cossacks, which began November 24, ended No vember 28. The Japanese were re pulsed. Severe Fight Reported. Mukden, Nov. 29. The activity of the Japanese against the Rennenkam pff front continued November 28, 'cul minating before noon In one of the se verest fights In recent weeks. NEW LAW ASKED FOR. Commerce Commissioner's) Old Powers Ought to Bo Restored. Washington, Nov. 29. President Roosevelt haa been urged by a dele gation of state officials and business men to secure tho passage of a law that would restore Us old-time power to the interstate commerce commis sion. By a recent decision of the su preme court the commission Is without Jurisdiction over the freight business of the country a control It held with out question for ten years and the president's cullers declared that the business of the country In all lines would suffer severely unless the roads were curbed. Among those present at the conference were Governor Van Sant of Minnesota, Governor Cummins of Iowa, Edmund P. Bacon, chairman of the executive committee of the Inter state commerce convention, which re cently met In St Louis, and a number of business men who believe their trade Interests demand regulation of freight traffic. Governor La Follette of Wis conaln waa to have been present at the conference, but waa prevented from attending by pressing public business In his state. He will send his views to the president by letter. No definite decision waa reached at the conference, the men present merely expressing their views and urging the president to take up the question In his message to congress and later press a bill em bodying the subject so near to their hearts. "The freight business hits every per son in the land who buys or sells goods of any sort," aald Mr. Bacon. "No business man is too small to be vital ly affected, and the larger his Interests the more he Is bound to be Interested. Governors Von Sant and Cummins wero not present at the St. Louis con vention, but they kindly consented to visit the president with us and lend their official presence to the conference to demonstrate the extent of tho pub lic interest In the case. The president did not indicate what ho would do in the matter, but we are In hopes that he will take the question up at his leisure and do something trt help the cause." JUDGE SEARS IS CHOSEN. Named aa Now President of Oregon Bar Association. Portland, Nov. 29. Tho following officers were today elected at the 14th annual session of the Oregon Bar As sociation to serve during the coming year: President Judge Alfred F. Sears, Jr.; secretary, Robert T. Piatt; treasurer, Charles J. Schnabel. Among the vice presidents are G. G. Bingham of Salem, C. W. Fulton of Astoria, C. W. Phalps of Heppner, C. J. Bright of Wasco, C. S. White of Baker City. Russian Editor Says Recent Meeting Has Hurt Proposal, fit Petersburg, Nov. 29. Prince Mestchersky, editor of Crashdanin and the foremast spokesman of the autoc racy, holds that the inauguration of such reforms as are at present possible in Russia is actually prejudiced by "the Irresponsible agitation for a constitu tion which is now in progress.' The autocracy be considers vital to the life and future greatness of Russia aa a nation. Liberal reforms, he maintains, are necessary, but they can not be introduced except by autocracy. FAMILY GROWING SMALLER. Report of 8oeioty Shows Increase of One-Children Households. New York, Nov. 29. That the num ber of children In American families is decreasing was exemplified in the an nual report of the Children's Aid So ciety, which has Just been made pub lic. : -"- Founded 63 years ego, the most suc cessful field of labor of this organiza tion haa been the placing of orphans and abandoned children In family homes in the country. Great difficulty waa experienced in the earlier years of the work because In the farming districts the families were so large that there waa little reason for the adop tion of children. "Thla demand for orphan children to adopt" say the report, "comes to us from all porta of the Union and ex ceeds the supply of children. Thla de mand Is becoming more and more ln alstent as the site of the American family increases. So many parents now have but one child and oak us for another aa companion for tho one. "In most cases, however, the one or two children have grown old' enough to leave the farm and have gone to the city and the old people are lonely with out childish voice and active little feet to run errands about the farm, and gladly take one of our children, con tracting with us to send them to school and tn every way to treat them as their own." C. Loring Brace, secretory of the Children's Aid Society, who prepared the report said: "It seema to me that the number of applications which this society baa for children to adopt, is vitally significant. In the vear we placed 464 orphans and abandoned children, for whom weIy' but M elPless as a lame duck had 2,000 applications. Those who wished to take children belonged to the farming communities of the great Mid dle West and to states still further west A few were from the south. "What Impressed me was that In most of the applications although I cannot at the present time give exact statistics, the persons who wished to take children spoke ' of having only one child. There were of course, num erous cases where there were no child ren. It is to be supposed, of course, that persons with large families are not likely to adopt more children,' yet It would seem that the number of fam ilies in which there has been only one child la larger than it has ever been. The condition first manifested Itself five years ago. . "There has been a alight decrease In the number of charges which come under our care, owing to the develop ment of church orphanages. Wo had a few less children in 1902 and a few more In 1903 than we had in the year Just closed, yet the applications were In those years several times in excess of tho number of children which we had to send. This year the number of applications Is greater than over." CORBETT IS WHIPPED IN TEN ROUNDS Battling Nelson Demonstrates His Mastery Over Denver Lad, Who Is Terribly Beaten and Bruised. MBBaOjisasa t fight Proves One of the Fastest Ever Witnessed by a San Francisco Crowd. REFEREE STOPS THE BATTLE Corbett Is Helpless When Tuthill Ends tho Slaughter by Declaring Nelson the Victor New Man for Britt to Tackle.- Woodward's Pavilion, San Francisco, Nov. 29. In the greatest fight wit nessed between little men in years, "Battling Nelson" of Chicago tonight won from Toung Corbett of Denver In 10 rounds. From the tap of the gong until Corbett's seconds threw up the sponge, Nelson was master of the situ ation at every stage of the game. Hla In-fighting was a revelation and the most brilliant ever witnessed in ny ring here. For the last three rounds Corbett wa as helpless as a baby, but wobbled around bravely and gamely until repeated calls from around the house to stop the fight Caused Harry Tuthill to enter the ring. The fight was over, and a new man Is in line to vanquish Champion Britt ' The story of the flgebt ia simply told, both men ahowed extl.f;e caution in the first round, there being an evident disposition to take each other's meas ure. Neither showed the slightest nerv ousness. In the second Nelson went right at hie man, winning the cheers of the house. The milling was fast and Corbett looked a bit dazed, but wore a contemptous smile. Corbett was bleeding at the nose when he went to his corner. Nelson surprised the house by hi brilliant ln-flghtlng. Corbett was bleeding freely at the end of the third. The next two rounds showed some of the fastest milling seen in any ring. Nelson continually forced Corbett to the ropes, and beat him badly with short-arm blows. The sixth waa a furious round, which ended in Nelson beating Corbett all over the ring. Nelson kept up his work in the seventh, beating Corbett until his face was streaming with blood. In tho eighth Nelson even outboxed the Denver lad. Corbett was all but out when the bell rang. The ninth was a terrible round. Cor bett withstood blow after blow with marvelous endurance. "Keep away; keep away, and use Judgment," hla seconds kept repeating. But Corbett missed again and again. He seemed to lose judgment, strength and every quality which formerly gained him fame. Not until the 10th was the butchering I ended. Corbett wobbled around game- Harry Tuthill then Jumped Into the ring and a great yell went up from the crowd. The fight waa over. Corbett was bathed in blood and, with a sick ly smile, shook hands with the victor and then waa helped out of tho ring. Nelson looked strong and was un marked. No Honor for Dead Hero. Cape Town, Nov. 29. The body of Paul Kruger, former president of the Transvaal republic, arrived today al most unnoticed. The remains will lie in state here and leave for Pretoria December 7. Case Will Not Be Reopened. Bellingham, Nov. 29. Judge Neterer of the superior court today refused a motion made to reopen the prosecu tion against the Pacific American Fish eries Company in the recent action filed by Prosecuting Attorney Heajey against the fisheries company, alleg ing violation of th state laws In hold ing fish trap locations. The suit was dismissed. Tho motion was made today by Attorneys -Dudley Wootenand John R. Reavls, with the result above noted.